Community Broadband Act would overturn bans on municipal broadband

The Community Broadband Act of 2007 would strike down state laws prohibiting …

A bill introduced into the House of Representatives this week will attempt to spur broadband development in the US by overturning existing state bans on municipal broadband deployments. Titled the Community Broadband Act of 2007, the bill (PDF) is cosponsored by Rep. Rick Boucher (D-VA) and Rep. Fred Upton (R-MI).

Currently, laws in Arkansas, Florida, Missouri, Texas, and a handful of other states prevent cities and towns from installing and operating their own broadband networks. Most of those laws were enacted in the wake of heavy lobbying from the telecommunications industry, which doesn't want to see competition coming from local governments.

Last year's attempted rewrite of the Telecommunications Act contained a similar provision but never made it to the floor of the Senate for a vote. With the state of broadband in the US a hot topic of discussion lately, both on Capitol Hill and around the country, Reps. Boucher and Upton may be able to find allies in Congress a bit more easily this time around. The congressmen are hopeful that, should it be passed, the Act would lead to more—and better—broadband options for US citizens.

"By partnering with private industry, community broadband networks offer the promise of increased economic development and job creation, nowhere is that more important than in my home state of Michigan," said Rep. Upton in a statement. "At the end of the day, we will foster even more competition and choices for consumers across the nation."

Many of the state bans that would be overturned by the Community Broadband Act were strongly backed by the telecoms, and they have a history of digging their heels in whenever cities and towns start taking about solving their broadband woes themselves. That said, AT&T is reacting cautiously to the bill. "We look forward to reading the bill and we commend Reps. Boucher and Upton for their efforts to promote broadband services for all consumers," AT&T spokesperson Brad Mays told Ars Technica. "AT&T is currently involved in several municipal broadband projects, and we are always looking for opportunities to bring the benefits of broadband to consumers."

One example of the telecoms' resistance to municipal broadband came last summer from Qwest, the number three telecom in the US. So far, the company has shown little to no inclination to match Verizon and AT&T's fiber deployments. But when Seattle—which is smack-dab in Qwest territory—started getting serious about building its own fiber network, the telecom resisted—despite CEO Dick Notabaert's admitting that his company had no plans of its own for a fiber deployment. The story has been the same in other places, including Philadelphia and New Orleans.

The telecoms have historically argued that municipalities that own and operate—or even build and lease—broadband networks could give themselves preferential treatment. The Act anticipates that argument with a section on "competition neutrality." Public providers would be banned from giving themselves any "regulatory preference," which should create a level playing field for all broadband providers. Municipalities interested in getting into the broadband business would also have to solicit feedback from the private sector on planned deployments.

The Community Broadband Act looks like a good bill, as it attempts to eliminate barriers that currently exist to meaningful competition and better service in many parts of the country. Should the bill pass and the upcoming 700MHz spectrum auction end in a way that leads to a viable third broadband pipe, there would be reason to think US broadband policy is taking a turn for the better.